International investment treaties and arbitration as imbalanced instruments: a re-visit (T. T. Pham)

Author

Tra T. Pham

Keywords

International investment disputes; Public interest; States; Treaties; Human rights; Environmental responsibilities; corporate social responsibility.

Abstract

Comments on perceived imbalances in international investment arbitration brought about by a lack of provision within investment treaties for the rights of host states and a focus on investor protection, but not investor obligations. Reflects on jurisprudential safeguards which arbitrators have introduced to ensure host states are able to regulate in the public interest and to control foreign investment activity, focusing on the fair and equitable treatment standard and the concept of indirect expropriation. Argues that any asymmetry created by investment treaties and investment treaty arbitration is apparent, rather than real.

Citation

(2010) 13(3) International Arbitration Law Review, 81-95

Paper

International investment treaties and arbitration as imbalanced instruments: a re-visit.